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Louisiana Affidavit of Heirship Form For Small Succession
You may be able to navigate the path of a full probate process by using a Louisiana Affidavit of Heirship Form in the case you/your family is settling the estate of a deceased family member in states like Louisiana, particularly New Orleans, Baton Rouge, or Shreveport. This affidavit is simple property transfer under the so-called Small Succession laws of the state (Code of Civil Procedure, Articles 3431-3434) and results in saving time, cost, and hassle to the qualifying estates. Here is an accessible, legally sensible FAQ, so that families can go through the process with a degree of confidence.
What Is a Louisiana Affidavit of Heirship Form?
Among the Louisiana Affidavit of Heirship commonly referred to as a Small Succession Affidavit is a legal document that is confined to proclaiming successors and the conveyance of the property of a deceased person out of custody. This document proves to be an especially helpful one when there is a small estate, when there is no will, and there are no controversies regarding the legal heirs. It establishes all legal heirs, details the family relations and further allows distribution of the assets without the probate being established.
Who Can Use This Form?
Heirs may use this form when the following conditions are met:
The individual who passed on had gone without a will (intestate).
The person who died was domiciled in Louisiana or had an immovable property in the state.
The maximum of the amount of the estate under Louisiana does not exceed $125,000 or the deceased died over 20 years ago.
If the estate meets these criteria, heirs can bypass full judicial succession.
What Information Does It Require?
To complete the affidavit properly:
At least two people must sign—usually a surviving spouse and one heir, two heirs, or one heir and a non-related witness with personal knowledge.
Must include:
Full legal name, date and place of death, and domicile of the deceased
Marital history and names of any children
List of all known heirs and their relationship to the deceased
The affidavit must be notarized.
When real property is concerned, a notice should be done with the conveyance records office (such as in Jefferson Parish or East Baton Rouge Parish).
What Is the Legal Effect?
A properly executed heirship affidavit:
Enables the transfer of both personal and real property.
Serves as constructive notice to third parties such as banks and title companies.
Helps clear title to property for future sales or transfers.
Avoids formal probate in qualifying cases, streamlining the inheritance process.
Note: Some title insurers may still require further documentation for complex cases.
How to Obtain a Legal Heir Affidavit?
Here’s how you can complete the process smoothly:
Collect all necessary family and estate information.
Download a free Louisiana Affidavit of Heirship Form from our platform—designed to meet Code of Civil Procedure Article 3432 standards.
Complete the form with full heir and estate details.
Sign in the presence of a notary and ensure required witnesses are present.
File the affidavit in the parish where the property is located if it includes real estate.
Submit to banks, the Office of Motor Vehicles, or other institutions when claiming personal property.
Common Use Cases for the Affidavit
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Affidavit of heirship for a house: Used to clarify ownership and transfer title (must be recorded).
Affidavit for motor vehicle: Accepted by the Louisiana OMV for eligible small estates.
Affidavit to sell inherited property: Enables legal sale without formal probate.
Affidavit of inheritance: Used for general property transfer when heirs are clearly identified.
Affidavit of death and heirship: Combines proof of death and declaration of heirs into one document.
Louisiana Heirship Affidavit – Quick Overview
| Affidavit Type | Assets Covered | Requirements | Legal Basis |
|---|---|---|---|
| Small Succession Affidavit | Personal + Real Estate | $125K max, intestate, two signers, notarized | CCP Arts. 3431–3434 |
| General Heirship Affidavit | Same | Same (may apply to older or ancient estates as well) | Same |
Frequently Asked Questions
Is there a free affidavit of heirship form available online for Louisiana?
Yes, you can download a free blank form directly from forms.legal. It complies with state statutes and is customizable for your situation.
Does the Small Succession process avoid probate entirely?
Yes, if all statutory requirements are met, this process can bypass the probate court system.
What if there are stepchildren, adopted heirs, or prior marriages?
All known heirs must be listed. If there are complexities, consider consulting a Louisiana succession attorney to ensure accuracy.
Take the Next Step
Prepared to make an estate settlement in Louisiana in procedural fashion? Download our free online Louisiana Affidavit of Heirship Form that is legally compliant. A clear step-by-step guide and templates will help you to keep your inheritance and be certain in your family future. Take care of business now by downloading your Louisiana Heirship Affidavit today on- https://forms.legal/free-la-affidavit-of-heirship-form/ , the most trusted provider of Louisiana legal forms.